beta
(영문) 부산지방법원 2013.07.18 2013노1362

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal argues that the court below sentenced the defendant to a fine of five million won, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.

2. We examine both the judgment and the Defendant’s assertion of unreasonable sentencing in a lump sum.

The defendant committed each of the crimes of this case again without being aware of even though he was punished 8 and 6 times respectively for the past violent crimes and fraud crimes, and the necessity of giving a severe warning to the defendant is the circumstances unfavorable to the defendant.

However, the defendant requested the victim to assist in drinking alcohol together with the victim D, who was aware of his knowledge, and the victim scamblinged with the house, which led to the crime of fraud, etc. of this case by using the credit card of this case at will while under the influence of breathly under the influence of breath in cash, which led to the crime of fraud, etc. of this case by using the credit card of this case at will under the influence of breath in cash, and the defendant supported a baby with poor body in an economically difficult situation after divorced with wife around 2010, and all of the crimes of this case are recognized and against each of the crimes of this case. The damage caused by each of the crimes of this case is not significant, and all of the victims agreed with the defendant during the investigation process, and do not want to be punished against the defendant.

Considering the circumstances favorable to the Defendant, as well as the circumstances that are favorable to the Defendant, and taking into account various circumstances, such as the Defendant’s age, character and conduct, details and consequence of the crime, etc., it is reasonable to deem that the lower court’s fine of KRW 5 million imposed on the Defendant is somewhat excessive. Therefore, the Defendant’s assertion of unreasonable sentencing is without merit and the Prosecutor

3. Accordingly, the defendant's assertion of unfair sentencing.